Post Divorce Modifications 
By: Andrea Badalucco, Senior Attorney, Foster Swift Law Firm 

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When a couple's divorce is finalized, both parties receive a court document known as a "judgement of divorce" that states the provisions of the divorce. While a judgement is enforceable by law and must be followed by both parties, it is by no means absolute and can be changed given the right circumstances. As children grow older and jobs change, a judgement may need to be modified in order to accommodate for such changes. If you are need of a post-divorce modification, attorneys at Foster Swift have the experience to walk you step-by-step through the associate legal processes and advocate for a favorable result on your behalf.

Having helped countless clients with various family law matters including modifications, experienced attorneys at Foster Swift are prepared to protect your rights and maximize your chances of securing the results you need. With one-on-one, personalized advocacy and an uncompromising dedication to ensuring your well-being, our firm can help you achieve a cost-effective and swift resolution for your situation. 

Contact us at 248.784.4716 to get started. 

Types of Modifications
Several aspects of a divorce judgement can be changed after the fact, given the right circumstances. In order to pursue a modification, one or both parties must petition to the court and convince the judge to change the divorce judgement. A petition for modification can be initiated by either party, or can be filed jointly if both spouses are in agreement on the proposed changes. 

The following provisions of a divorce judgment may be modified upon request of either party:

• Child custody
• Child support
• Spousal support
• Parenting time 

In circumstances where the parties are not in agreement, the petitioning party must be able to prove that a qualifying change in circumstances warrants the modification. Valid reasons for modifications can include loss of employment, substantial increase or decrease in income of either spouse, or the relocation of a spouse. However, absent demonstrable fraud, property settlements may typically only be amended with the agreement of both spouses. 

Schedule a Consultation Today
If you are in need of a modification of any type, or are looking to defend against a proposed modification, Foster Swift is a full service law firm that can represent your interests and fight to secure a desirable outcome on your behalf. No matter the circumstances surrounding your particular situation, we are committed to handling your case with the utmost professionalism and confidentiality. We can answer any questions you may have and help you through the process of either petitioning the Court or negotiating with your former spouse. 

Andrea offers more than a decade of courtroom experience in civil, criminal, family law and juvenile matters. Drawn to the particular needs of clients in family law, Andrea has dedicated her time to serving those navigating the sometimes complex arena of the family court system. To learn more click here. 

Small Business Assets in Divorce
By: Andrea Badalucco, Senior Attorney, Foster Swift Law Firm

Who gets the business? How does the business impact the bottom line in dividing assets in a divorce? Are the funds from a business part of the spousal support or child support calculations?

If you or your spouse hold an interest in a small business, then you likely have an interest in that small business when it comes time to divide assets in a divorce. The sticking point on this asset is usually how to place a value on it. There are different types of businesses and different methods to value businesses. It is important to accurately come to a number on what that asset is worth. 

At Foster Swift, we are a full service law firm that has not only family law attorneys, but also attorneys whose focus is business, corporate, tax and security law. Our attorneys have cultivated relationships with outside experts who specialize in valuation of business interests. Typically, you will want to hire an expert to study key aspects of the business. Your expert and your attorneys will share insights to arrive at the solution that will work best for you. 

There are time when it makes sense for each side in a divorce to hire a joint expert to value of the business. However, depending on the nature of the business - and perhaps due to specific conduct during the marriage - it may not be possible to have a joint expert. This is a decision that you and your attorney need to make together at the beginning of your case. 

With the guidance of your attorney, you'll be able to select an appropriate expert to value the business, to weigh your options on whether a joint expert makes sense in your case, to determine the best method to place a value on the business, and to make a place for how the business impacts the bottom line for asset distribution, as well as spousal and child support. 

A small business as part of a divorce settlement must be treated with careful consideration. It's your family, your business and your divorce. Our experienced family law attorneys are here to help guide you and place you in most of your most advantageous position. 

Andrea offers more than a decade of courtroom experience in civil, criminal, family law and juvenile matters. Drawn to the particular needs of clients in family law, Andrea has dedicated her time to serving those navigating the sometimes complex arena of the family court system. To learn more click here.